We are frequently asked by our clients about whether they must allow owners within their communities to have flags.
The Texas Property Code governs this issue. Section 202 of the Texas Property Code states that a property owners association may not restrict or prohibit an owner from flying a United States, Texas, or United States Armed Forces flag.
A property owners association may restrict and require the following related to flags flown within the Association:
1)The US flag must be displayed in accordance with Federal Law
2)The Texas flag must be displayed in accordance with State Law.
3)The flagpole must be constructed of permanent and long-lasting material with an appropriate finish and be harmonious with the dwelling.
4)The flag and flagpole must be kept in good condition.
5)The display and location be in accordance with zoning ordinances, easements, and setbacks.
6) Can limit to one flagpole that is not more than 20 feet in height.
7) Size of flag
8) Size, location, and intensity of lights used to illuminate flag;
9) May create restrictions to abate noise caused by an external halyard.
10) Can restrict the owner from displaying the flag on POA property.
Please feel free to reach out to us if you have questions about flags in your community.